The defendants brought a motion for summary judgment to dismiss the plaintiff's action arising from a trip and fall over a black cable in a gym weight room.
The court found numerous conflicting factual issues regarding the location of employees, the visibility of the cable, and whether a liability waiver was brought to the plaintiff's attention.
Concluding that a fair and just determination could not be made on the documentary record, the court declined to use its expanded fact-finding powers and dismissed the motion, awarding costs to the plaintiff.
